Luminant Generation Co. v. United States Environmental Protection Agency

JENNIFER WALKER ELROD, Circuit Judge:

This case requires us to review the EPA’s disapproval, more than three years after the time within which it was statutorily required to act, of three regulations promulgated by the State of Texas. 30 Tex. Admin. Code §§ 116.610(a), 116.610(b), and 116.617. Pursuant to Texas’s duty under the Clean Air Act (“CAA” or “the Act”), 42 U.S.C. § 7401 et seq., to adopt and administer a statewide plan for implementing federal air quality standards, those regulations provide for a standardized permit for certain projects that reduce or maintain current emissions…